Case 1:17-cv-00770-JDW Document 460-1 Filed 09/24/24 Page 1 of 5 PageID #: 40870
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`Exhibit A
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`Exhibit A
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`Case 1:17-cv-00770-JDW Document 460-1 Filed 09/24/24 Page 2 of 5 PageID #: 40871
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.,
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`Plaintiff/Counterclaim-Defendant,
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`v.
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`Civil Action No. 1:17-cv-00770-JDW
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`CATERPILLAR INC.,
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` Defendant/Counterclaim-Plaintiff.
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`[WIRTGEN’S PROPOSED] PARTIAL FINAL JUDGMENT UNDER RULE 54(B)
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`WHEREAS, this action between Plaintiff/Counterclaim-Defendant Wirtgen America, Inc.
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`(“Wirtgen”) and Defendant/Counterclaim-Plaintiff Caterpillar Inc. (“Caterpillar”) came to trial
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`before the Court from February 12, 2024 to February 22, 2024, before a jury and the Court, the
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`Honorable Joshua D. Wolson presiding;
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`WHEREAS, the jury returned a verdict (D.I. 345) finding that:
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`Wirtgen proved that Caterpillar willfully infringed claim 29 of U.S. Patent No.
`7,828,309 (the “’309 patent”); claims 5 and 22 of U.S. Patent No. 9,656,530 (the
`“’530 patent”); claim 12 of U.S. Patent No. 8,424,972 (the “’972 patent”); claim
`11 of U.S. Patent No. 7,530,641 (“the ’641 patent”); and claim 5 of U.S. Patent
`No. 7,946,788 (the “’788 patent”);
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`Caterpillar did not prove that claim 13 of the ’972 patent, claim 11 of the ’641
`patent, or claim 5 of the ’788 patent is invalid;
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`Wirtgen did not prove that Caterpillar infringed claim 13 of the ’972 patent or
`claim 32 of U.S. Patent No. RE48,268 (the “’268 patent”);
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`Caterpillar proved that claim 32 of the ’268 patent is invalid; and
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`Wirtgen is entitled to damages for past infringement in the amount of
`$12,990,204.96;
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`•
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`•
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`1
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`Case 1:17-cv-00770-JDW Document 460-1 Filed 09/24/24 Page 3 of 5 PageID #: 40872
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`WHEREAS, the Court issued an Order on September 17, 2024 (D.I. 457) denying both
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`parties’ motions for judgment as a matter of law or, alternatively, for a new trial; granting
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`Wirtgen’s motions for enhanced damages, supplemental damages, pre- and post-judgment
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`interest, and an injunction; and denying Wirtgen’s motion for attorneys’ fees and costs without
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`prejudice;
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`WHEREAS, Caterpillar has asserted counterclaims for infringement of U.S. Patent No.
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`7,523,995 and U.S. Patent No. 9,975,538 that have yet to be tried;
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`WHEREAS, the interest of judicial efficiency would be enhanced if the rulings on
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`Wirtgen’s asserted patents could be considered in the same appeal with any appeal from the
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`injunction, see 28 U.S.C. § 1292(a)(1), if the Court of Appeals so desires;
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`WHEREAS, the Court expressly finds pursuant to Federal Rule of Civil Procedure 54(b)
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`that there is no just reason to delay with respect to the entry of final judgment as to fewer than all
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`the claims in this case, and specifically as to the ’309, ’530, ’972, ’641, ’788, and ’268 patents;
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`WHEREAS, in making this determination, the Court has considered judicial
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`administrative interests, as well as the equities involved, including the five factors set forth in
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`Allis-Chalmers Corp. v. Philadelphia Elec. Co., 521 F.2d 360, 364 (3d Cir. 1975);
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`IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, for the reasons stated
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`in the Court’s September 17, 2024 Memorandum Opinion (D.I. 456), and the Court’s August 21,
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`2024 Memorandum Opinion (D.I. 448), judgment in this case is entered as follows:
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`1.
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`Judgment is entered in favor of Wirtgen and against Caterpillar with respect to
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`Wirtgen’s claims of willful infringement of claim 29 of the ’309 patent, claims 5 and 22 of the
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`’530 patent, claim 12 of the ’972 patent, claim 11 of the ’641 patent, and claim 5 of the ’788
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`patent.
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`2
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`Case 1:17-cv-00770-JDW Document 460-1 Filed 09/24/24 Page 4 of 5 PageID #: 40873
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`2.
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`Judgment is entered in favor of Wirtgen and against Caterpillar that claim 29 of
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`the ’309 patent, claims 5 and 22 of the ’530 patent, claim 12 of the ’972 patent, claim 11 of the
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`’641 patent, and claim 5 of the ’788 patent are not invalid.
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`3.
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`Judgment is entered in favor of Wirtgen and against Caterpillar on Caterpillar’s
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`equitable defenses pertaining to the ’309, ’530, and ’788 patents.
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`4.
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`Judgment is entered in favor of Wirtgen and against Caterpillar for damages in the
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`amount of $19,485,307.44 for Caterpillar’s infringement of the asserted claims, said judgment
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`being the sum of:
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`a.
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`b.
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`Damages for infringement of $12,990,204.96; and
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`Enhanced damages of $6,495,102.48, which reflects a 50% increase in the
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`amount of damages;
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`5.
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`Judgment is entered in favor of Wirtgen and against Caterpillar for supplemental
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`damages for infringing sales not included in Ex. 3322 that occur before the date judgment is
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`entered, in an amount to be determined.
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`6.
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`Wirtgen is entitled to prejudgment interest in an amount to be determined (to be
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`calculated only on the base damages award and not on the amount by which the damages were
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`enhanced) and post-judgment interest in an amount to be determined.
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`7.
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`Judgment is entered in favor of Caterpillar and against Wirtgen with respect to
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`Wirtgen’s claim of infringement of claim 13 of the ’972 patent and claim 32 of the ’268 patent.
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`8.
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`Judgment is entered in favor of Caterpillar and against Wirtgen that claim 32 of
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`the ’268 patent is invalid.
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`Case 1:17-cv-00770-JDW Document 460-1 Filed 09/24/24 Page 5 of 5 PageID #: 40874
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`The Honorable Joshua D. Wolson
`United States District Judge
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`4
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